Did the Ordinance Adopt a New Fee or Service Charge?
HPUD argues that “the Ordinance adopts no fee or service charge, but merely proposes to do so at some future time.” It is true that the Ordinance does not contain a schedule of specific dollar amounts; instead, it provides that specific prices and fees will be fixed by resolutions to be passed by the District Board at a later time. Nonetheless, section 6.10 of the Ordinance does, by its terms, establish in principle not only that the District will charge for its water, n3 but also that the price to be charged will “reflect all costs and out-of-pocket expenses directly incurred by the District in delivering water for sale,” including, among other things, the cost of constructing, maintaining, and operating capital improvements. Thus, although the Ordinance does not list dollar amounts, it announces the District’s intent to charge a price for its water, and sets forth the formula by which that price will be calculated each year. – – – – – – – – – – – – – – Footnotes – – – – – – – – – – –
